Krol et al v. Arch Insurance Company

Defendant: Arch Insurance Company
Plaintiff: Henry K. Krol and The United States General Building Services Administration
 
Case Number: 1:2013cv00449
Filed: January 18, 2013
 
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Richard J. Sullivan
 
Nature of Suit: Miller Act
Cause of Action: 28:1331 Fed. Question
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
September 11, 2014 38 Opinion or Order of the Court OPINION AND ORDER re: 24 MOTION to Dismiss filed by Arch Insurance Company, 15 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Henryk Krol. For the reasons set forth above, the Court finds that Krol cannot b ring a section 3 claim because he does not plead that (1) the contracting agency or the DOL made an administrative determination that his employer, Fox, failed to pay prevailing wages, and (2) any withheld funds are insufficient to reimburse him. Th e Court enters judgment on the pleadings in favor of Defendants, but dismisses the case without prejudice, since Krol could conceivably reinstitute this suit once an appropriate administrative determination has been made. Accordingly, IT IS HERE BY ORDERED THAT: (1) Arch's motion is DEEMED to be brought under Rule 12(c) as a motion for judgment on the pleadings and is, so deemed, GRANTED; and (2) Krol's class certification motion is DENIED AS MOOT. The Clerk of the Court is respectfully directed to terminate the motions pending at Doc. Nos. 15 and 24 and to close this case. (Signed by Judge Richard J. Sullivan on 9/11/2014) (mro)

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Defendant: Arch Insurance Company
Represented By: Monica Barron
Represented By: Chris Georgoulis
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Plaintiff: Henry K. Krol
Represented By: Lloyd Robert Ambinder
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Plaintiff: The United States General Building Services Administration
Represented By: Lloyd Robert Ambinder
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